"“Should Jay have right to claim derived image isn’t fair use & ask for cease & desist? Yes. He’s not, as many are saying, a dick for his opinion. Should Andy have the ability to defend his stance that it is fair use. Of course. Should it take the kind of money that only either corporations or the very rich can easily afford to spend in order to get a judge’s ruling and find out? Definitely not. That’s the real problem here.”

James Duncan Davidson writing about The Maisel vs Baio Incident.

I strongly agree…Currently US (&, largely, UK) ration access to law on ability of both (sometimes prospective) litigant & defender to pay, rather than merits of case.

Another piece…mentions Shepard Fairey vs AP case (Obama Hope poster) would have made great case law. Instead…ended w/ out of court settlement. Shame.

(…another public service which has more demand than access—health care…UK largely rations through need, via NHS…US dependent on employment, age, & to nontrivial extent, mone)